Thailand: Statute of limitations must not deny justice to families of 85 victims killed in Tak Bai incident, say UN experts

GENEVA (24 October 2024) – Human rights experts* said today they were deeply troubled that the imminent expiration of the statute of limitation for the killing of 85 people by Thai security officials in the 2004 Tak Bai incident would end ongoing attempts to hold those responsible to account.

The experts noted that, in October 2004, after failed negotiations, security forces opened fire on a large protest outside Tak Bai police station, Narathiwat Province, which had formed following the arrest of six individuals alleged to have provided weapons to insurgents. Reportedly, seven people were killed, and later, 1,370 protestors were arrested and forced to lie on top of each other in trucks during the five-hour trip to a military camp, in conditions amounting to ill-treatment, leading to the deaths of a further 78 people belonging to the Malay Muslim community, a religious minority. Seven other individuals were reportedly forcibly disappeared.

“We welcome the fact that two criminal cases are finally proceeding into this incident with arrest warrants issued against relevant current and former officials. However, we are extremely alarmed that without further action, these will end prematurely when a statute of limitations expires on 25 October 2024,” the experts said.

“We recall that the duty to investigate, prosecute and provide reparations to victims in such cases does not cease even with the passing of significant time and that a failure to investigate and bring perpetrators to justice is itself a violation of Thailand’s human rights obligations. International law also prohibits statutes of limitations for torture and other forms of ill-treatment and, in cases of enforced disappearance, where they exist, they can only apply once the crime ends, that is when the fate and whereabouts of the disappeared person are established with certainty.

“Families have waited for nearly two decades for justice – we urgently call on the Government to take immediate action to prevent further delays in accountability and ensure their rights to truth, justice and reparations are upheld,” the experts said.

They also called for further investigations into the fate and whereabouts of the seven people who disappeared in the incident.

The experts have recently communicated their concerns to the Government of Thailand on this issue.**